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(영문) 부산지방법원 2018.05.24 2018고단1425
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On May 9, 2017, the Defendant made a false statement to the victim C, who was a part of the university, at the Busan National University’s off-site mobile phone store located in the Busan National University, stating that “The victim C, who opened the mobile phone in the name of four, will pay the mobile phone in installments.”

However, even if the defendant opens a cell phone in the name of the victim with no particular income or property, he did not have the intention or ability to pay the charge normally.

Nevertheless, the defendant deceiving the victim and let the victim open the S8 mobile phone (D) on the same day, and had the victim use the above mobile phone from around that time to July 2017, and let the victim pay the total amount of KRW 1,909,959, such as the terminal price and the use fee, etc., on behalf of the victim, thereby obtaining property benefits equivalent to the same amount, as well as obtaining property benefits, by deceiving the victims by the same method four times in total, such as the list of crimes in the attached Form (1).

B. On April 19, 2017, the Defendant demanded the victim C to “I will pay the credit card payment after facing the payment, because he/she had no money at present, because he/she did not pay it.”

However, at the time, the defendant did not have an intention or ability to pay the card price within the period of promise of the victim because he did not pay the mobile phone charges or monthly rent, etc. and did not pay it normally and economically difficult to do so.

Nevertheless, the defendant deceiving the victim as above and let the victim settle 14,400 won on behalf of the victim, and did not pay the price, as well as the defendant's 22 times as shown in the attached list of crimes (2) from around that time to May 7, 2017.

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